THE WAITARA TRAGEDY.

Gisborne Times, Volume XXVII, Issue 2453, 18 March 1909, Page 5

THE WAITARA TRAGEDY.

TRIAL OF DR. GOODE

(Press Association.)

HEW PLYMOUTH, March 17

The Supreme Court was crowded today during the hearing of the case of Dr. Edward Jonathan Goode, of Waitara, charged with having murdered May Ellen Klenner, on December 14. The accused appeared in Court calm and collected, and closely followed the proceedings. He was defended by Mr. C. P. Skerrett, K.C., of Wellington, with whom Mr. A. H. J’ohnstone_mppeared. Mr. T. S. Weston, Crown prosecutor, assisted by Mr. C. H. Weston, prosecuted. Mrs. Goode was also present in Court. A plea of not guilty was entered. "While the jury was being empanelled, the Crown ordered six of those called to stand aside, and challenged two. The defence exercised its right of challenge in four cases. All witnesses were ordered, out of Court, at the request of counsel for the defence.

In opening the case for the prosecution, Mr. Weston explained the statutory definition of murder, and gave a lengthy resume of the evidence to be called by him, occupying nearly an hour. It would be the aim of the Crown, he said, to place this evidence before His Honor and the jury jra as fair and straightforward a manner as possible. If he could prove what had been stated, he would establish a very , weighty case against the accused'. It seemed to Mr. Weston that manslaughter was not the question. The case rrtmst be either murder or nothing. Formal evidence, not cross-examined, was given by three witnesses, respecting localities; and the depositions of the late Mrs. Klemler were read and put in as evidence. Ida Klenner, nine years old, daughter of the. deceased, deposed that on the afternoon of the tragedy she returned home from school a little after 3 o’clock. When she got near the sitting-room window, she hear voices in the room. ■She listened at the window for a few moments, and recognised the voice as Dr. Goode’s. She knew his voice well. She then went to the back of the house. The witness gave further evidence of hearing three shots fired, and of finding her mother lying covered with bloody in the sitting-room, near the fireplace. When witness returned from school she found her uncle in the back yard. He went away to a paddock to bring in the cows. Soon after witness heard three shots.

To Mr. Skerrett: It was a very short time she listened at the window. Her uncle was in the slied at the back of the house. He was a very old man, and lived with her father and mother then. She could not say exactly how long it was before she heard the "shots. It was not very long. They were fired with only a few seconds between them, following pretty closely one upon the other. She did not know -whether her uncle heard the shots. She heard the front door slam a very short time after, and then her mother called her.

Harold Henry McCoy, painter, stated that about 3 p.m. on December 14 be was painting at the vicarage, at Waitara, and heard three- distinct shots, coming apparently- from Klemier’s direction. Witness glanced across at Dr. Goode’s house, and saw Mrs. Goode •sitting on the verandah. A. little while afterwards she came out, walked down the road, and spoke to some men who were working on the road. About 5 p.m. witness saw Dr. Goode come to the French casement of the surgery in his house and admit his dog fre-m the verandah. Cross-examined: Witness heard the shots mentioned somewhere about 3 p.m. The shots followed closely on one another, with only a slight pause between each.

Myrtle Trim, 12 years old, recollected the afternoon of December 14. "While on the corner she saw Dr. Goode between his own gate and Mrs. Klenner's, but nearer Klemiev’s. He was proceeding towards his own gate. He walked into his gate, up to the steps leading to the verandah. Mrs. GoGde was sitting on the verandah. She helped lnm upYlie first step, when Dr. Goode got up to the step oi" the surgery door he fell. He got inside. Dr. Goode said something containing the words ‘‘My God.” Accused was wearing a coat, thrown open, and a white shirt, the front of which hove a bread -reel patch. To Mr. Skerrett: Accused had attended her for two days. He was very kind to her, and she liked him. While accused was walking along the road he had his hands stretched out- to either side.

Mv. Skerrett: Was lie 'walking straight? Witness: He seemed to be going zig-zag. Continuing, she said that what accused said to Mrs. Goode was either “Mv God, leave me alone,” or “My God,” get out of it.” He spoke very gruffly and hard, and seemed to lie excited. - . , Joseph William Fitzsimmons, employed bv Alois Ivlenner, gave evidence of finding Mrs. Ivlenner lying m the front room, covered ‘with blood. Wligii he was called to the house by Ida Ivlenner, Mrs .Ivlenner said “I’ve been shot by Dr. Goode,” and added that she was dying, and had only a. few minutes to live.'" She told him to fetch her husband. Before doing so he went for assistance. A« he was going down the path from the front-door of the house, to the <r ate he saw accused looking into Mrs Ivlenner’s garden from a small window at the back of Ins house. The only firearm witness had ever seen m Klenner's house, where ho boarded, was a volunteer mazagine rifle. Witness had not previously seen the revolver produced. The reason , given to witness by Mv,,. Ivlenner for the. accused shooting her was that he'had wanted herself, and she had refused him. She' also said that he firecl two shots at her at close range. To Mr. Skerrett : Ida Klenner came for witness between 3.30 and I p-m-When he entered the sitting-room m which Mrs. Ivlenner was, the door was slightly ajar. He met Constable ilice'when leaving the post office > te eplioning for a doctor. Ho to.d the c - stable that Mrs. Ivlenner had been shot, but did not say by whom. V ess returned to the bouse about a- mmiue before Constable Price arrived the e. M s Ivlenner said nothing to him about Di. Goode's condition. „ ]\lr. Skerrett: Did she say to vou about his being out of his mind.

MaGif Elizabeth Clare deposed that Mrs. Ivlenner after she. was shou, said she was certain Dr. Goode was mad, 01 he would not have, done it. Other witnesses gave evidence, ctetailiu" - the circumstances or the occurre.nce°pgcviously published, and the Court adjourned to 10 a.m. next day.